Opinion
February 24, 1994
Appeal from the Supreme Court, Nassau County (Marvin Segal, J.).
The newly discovered facts advanced by defendants, viewed in a light most favorable to defendants, raise triable issues of fact and indeed, as the IAS Court stated, are "compelling". Renewal was therefore properly granted. We need not decide whether reargument was also properly granted, but do note the conflicting affidavits that were submitted on the original motion (see, Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338, 341).
We have considered plaintiff's other arguments and find them to be without merit.
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.